N.Y. Mental Hygiene Law § 1.03: Definitions

§ 1.03 Definitions.

When used in this chapter, unless otherwise expressly stated or unless

the context otherwise requires:

1. "Department" means the department of mental hygiene of the state of

New York. Except as used in article five of this chapter, the term

"department" shall hereafter refer to an office of the department

created by section 5.01 of this chapter.

2. "Commissioner" means the commissioner of mental health, the

commissioner of developmental disabilities and the commissioner of

addiction services and supports as used in this chapter. Any power or

duty heretofore assigned to the commissioner of mental hygiene or to the

department of mental hygiene pursuant to this chapter shall hereafter be

assigned to the commissioner of mental health in the case of facilities,

programs, or services for individuals with mental illness, to the

commissioner of developmental disabilities in the case of facilities,

programs, or services for individuals with developmental disabilities,

to the commissioner of addiction services and supports in the case of

facilities, programs, or addiction disorder services in accordance with

the provisions of titles D and E of this chapter.

2-a. Notwithstanding any other section of law or regulation, on and

after the effective date of this subdivision, any and all references to

the office of alcoholism and substance abuse services and the

predecessor agencies to the office of alcoholism and substance abuse

services including the division of alcoholism and alcohol abuse and the

division of substance abuse services, shall be known as the "office of

addiction services and supports." Nothing in this subdivision shall be

construed as requiring or prohibiting the further amendment of statutes

or regulations to conform to the provisions of this subdivision.

3. "Mental disability" means mental illness, intellectual disability,

developmental disability, or an addictive disorder as defined in this

section.

4. "Services for persons with a mental disability" means examination,

diagnosis, care, treatment, rehabilitation, supports, habilitation or

training or as may be more specifically defined in this section.

5. "Provider of services" means an individual, association,

corporation, partnership, limited liability company, or public or

private agency, other than an agency or department of the state, which

provides services for persons with a mental disability. It shall not

include any part of a hospital as defined in article twenty-eight of the

public health law which is not being operated for the purpose of

providing services for the mentally disabled. No provider of services

shall be subject to the regulation or control of the department or one

of its offices except as such regulation or control is provided for by

other provisions of this chapter.

6. "Facility" means any place in which services for the mentally

disabled are provided and includes but is not limited to a psychiatric

center, developmental center, institute, clinic, ward, institution, or

building, except that in the case of a hospital as defined in article

twenty-eight of the public health law it shall mean only a ward, wing,

unit, or part thereof which is operated for the purpose of providing

services for the mentally disabled. It shall not include a place where

the services rendered consist solely of non-residential services for the

mentally disabled which are exempt from the requirement for an operating

certificate under article sixteen, thirty-one or thirty-two of this

chapter, nor shall it include domestic care and comfort to a person in

the home.

7. "Department facility" means a facility within one of the offices of

the department.

8. "Examining physician" means a physician licensed to practice

medicine in the state of New York.

9. "Certified psychologist" means a person who has been certified and

registered to practice psychology in the state of New York pursuant to

the education law.

* 10. "Hospital" means the in-patient services of a psychiatric center

under the jurisdiction of the office of mental health or other

psychiatric in-patient facility in the department, a psychiatric

in-patient facility maintained by a political subdivision of the state

for the care or treatment of the mentally ill, a ward, wing, unit, or

other part of a hospital, as defined in article twenty-eight of the

public health law, operated as a part of such hospital for the purpose

of providing services for the mentally ill pursuant to an operating

certificate issued by the commissioner of mental health, a comprehensive

psychiatric emergency program which has been issued an operating

certificate by such commissioner, or other facility providing in-patient

care or treatment of the mentally ill which has been issued an operating

certificate by such commissioner.

* NB Effective until July 1, 2027

* 10. "Hospital" means the in-patient services of a psychiatric center

under the jurisdiction of the office of mental health or other

psychiatric in-patient facility in the department, a psychiatric

in-patient facility maintained by a political subdivision of the state

for the care or treatment of the mentally ill, a ward, wing, unit, or

other part of a hospital, as defined in article twenty-eight of the

public health law, operated as a part of such hospital for the purpose

of providing services for the mentally ill pursuant to an operating

certificate issued by the commissioner of mental health, or other

facility providing in-patient care or treatment of the mentally ill

which has been issued an operating certificate by such commissioner.

* NB Effective July 1, 2027

11. "School" means the in-patient service of a developmental center or

other residential facility for individuals with developmental

disabilities under the jurisdiction of the office for people with

developmental disabilities or a facility for the residential care,

treatment, training, or education of individuals with developmental

disabilities which has been issued an operating certificate by the

commissioner of developmental disabilities.

12. "Addictive disorder" or "addiction disorder" for purposes of this

chapter means substance use disorder or gambling disorder as such terms

are defined in this section and derived from the most recent edition of

the diagnostic and statistical manual of mental disorders (DSM),

published by the American Psychiatric Association.

17. "Addiction treatment facility" or "Alcoholism facility" means an

in-patient, residential or outpatient facility in the department

suitable for the provision of addiction disorder services to persons

suffering from an addictive disorder and which has been issued an

operating certificate pursuant to article thirty-two of this chapter.

19. "Significant other" means a relative, close friend, associate or

individual otherwise concerned with the welfare of a person suffering

from an addictive disorder when that individual is directly affected by

the person's addictive disorder.

20. "Mental illness" means an affliction with a mental disease or

mental condition which is manifested by a disorder or disturbance in

behavior, feeling, thinking, or judgment to such an extent that the

person afflicted requires care, treatment and rehabilitation.

22. "Developmental disability" means a disability of a person which:

(a) (1) is attributable to intellectual disability, cerebral palsy,

epilepsy, neurological impairment, familial dysautonomia, Prader-Willi

syndrome or autism;

(2) is attributable to any other condition of a person found to be

closely related to intellectual disability because such condition

results in similar impairment of general intellectual functioning or

adaptive behavior to that of intellectually disabled persons or requires

treatment and services similar to those required for such person; or

(3) is attributable to dyslexia resulting from a disability described

in subparagraph one or two of this paragraph;

(b) originates before such person attains age twenty-two;

(c) has continued or can be expected to continue indefinitely; and

(d) constitutes a substantial handicap to such person's ability to

function normally in society.

23. "Patient" means a person receiving services for the mentally

disabled at a facility. It includes a resident at a school.

24. "Informal caregiver" means the family member, friends, neighbors,

or other natural person who normally provides the daily care or

supervision of a mentally disabled person. Such informal caregiver may,

but need not reside in the same household as the mentally disabled

person.

26. "Infant" or "minor" means a person who has not attained the age of

eighteen years.

27. "Aftercare services" means services for persons no longer

receiving in-patient services for the mentally disabled and may include,

but shall not be limited to, medical care, including psychiatric care,

and vocational and social rehabilitation.

28. "Community residence" means any facility operated by or subject to

licensure by the office of mental health or the office for people with

developmental disabilities which provides a supervised residence or

residential respite services for individuals with mental disabilities

and a homelike environment and room, board and responsible supervision

for the habilitation or rehabilitation of individuals with mental

disabilities as part of an overall service delivery system. A community

residence shall include an intermediate care facility with fourteen or

fewer residents that has been approved pursuant to law, and a community

residential facility as that term is used in section 41.36 of this

chapter. Such term does not include family care homes.

28-a. "Supervised living facility" means a community residence

providing responsible supervisory staff on-site twenty-four hours per

day for the purpose of enabling residents to live as independently as

possible.

28-b. "Supportive living facility" means a community residence

providing practice in independent living under supervision but not

providing staff on-site on a twenty-four hour per day basis.

30. "Conditional release" means release subject to the right of the

school, hospital, or alcoholism facility to return the patient to

in-patient care pursuant to the conditions set forth in section 29.15 of

this chapter.

31. "Discharge" means release and the termination of any right to

retain or treat the patient on an in-patient basis. The discharge of

such a patient shall not preclude the patient from receiving necessary

services on other than an in-patient basis nor shall it preclude

subsequent readmission as an in-patient if made in accordance with

article nine, fifteen, or twenty-two of this chapter.

32. "Conference" means the New York state conference of local mental

hygiene directors as established pursuant to section 41.10 of this

chapter.

33. "Residential treatment facility for children and youth" shall mean

an inpatient psychiatric facility which provides active treatment under

the direction of a physician for individuals who are under twenty-one

years of age, provided that a person who, during the course of

treatment, attains the age of twenty-one may continue to receive

services in a residential treatment facility for children and youth

until he or she reaches the age of twenty-two. The term "residential

treatment facility for children and youth" does not apply to the

children's psychiatric centers described in section 7.17 of this chapter

or to facilities specifically licensed by the office of mental health as

children's hospitals. Residential treatment facilities for children and

youth are a sub-class of the class of facilities defined to be

"hospitals" in subdivision ten of this section.

34. "Authorized agency" shall have the meaning defined in section

three hundred seventy-one of the social services law.

35. "Social services official" shall have the meaning defined in

section two of the social services law.

36. "Residential care center for adults" means a facility which

provides long term residential care and support services to mentally ill

adults, provides case management and medication management services, and

assists residents in securing clinical, vocational and social services

necessary to enable the resident to continue to live in the community.

No residential care center for adults established after September first,

nineteen hundred eighty-six shall have more than one hundred fifty

residents. A residential care center for adults is not an adult care

facility subject to licensure by the department of social services, nor

is it an inpatient treatment facility.

* 37. "Comprehensive psychiatric emergency program" means a program

which is licensed by the office of mental health to provide a full range

of psychiatric emergency services within a defined geographic area to

persons who are believed to be mentally ill and in need of such

services, and which shall include crisis intervention services, crisis

outreach services, crisis residence services, extended observation beds,

and triage and referral services, as such terms are defined in section

31.27 of this chapter.

* NB Repealed July 1, 2027

38. "Residential services facility" or "Alcoholism community

residence" means any facility licensed or operated pursuant to article

thirty-two of this chapter which provides residential services for the

treatment of an addiction disorder and a homelike environment, including

room, board and responsible supervision as part of an overall service

delivery system. Provided however, "certified recovery residence" as

defined in subdivision fifty-nine of this section shall not be

considered a residential services facility for the purposes of this

chapter.

* 39. "Substance" shall mean:

(i) any controlled substance listed in section thirty-three hundred

six of the public health law;

(ii) any substance listed in section thirty-three hundred eighty of

the public health law;

(iii) any substance, except alcohol and tobacco, as listed in the

published rules of the office which has been certified to the

commissioner by the commissioner of health as having the capability of

causing physical and/or psychological dependence. Notice of a proposed

rule listing any such substance shall be given to the speaker of the

assembly and the temporary president of the senate. The commissioner

shall consider the advice and recommendations of the legislature and

shall hold a public hearing prior to listing any substance in its

published rules.

* NB There are 2 sub 39's

* 39. "Employee assistance program" means a confidential program

designed to assist employees and their families, through identification,

motivation referral, and follow-up, with problems that may interfere

with the employees' ability to perform on the job effectively,

efficiently and safely. Such problems include addictive disorders,

emotional, marital, family, and other personal problems.

* NB There are 2 sub 39's

42. "Substance use disorder program" or "Substance abuse program"

shall mean any public or private person, corporation, partnership,

agency, either profit or non-profit, or state or municipal government

which provides substance use disorder services, in either a residential

or ambulatory setting, to persons in need of services for the prevention

of, or treatment and recovery from a substance use disorder. Any person

or entity providing such services as a minor part of a general health or

counseling unit subject to regulations promulgated by the commissioner

and other appropriate agencies shall not be considered a substance use

disorder program.

46. "Record" of a patient or client shall consist of admission,

transfer or retention papers and orders, and accompanying data required

by this article and the regulations of the commissioner.

47. "Director of community services" shall mean the director of

community services for the mentally disabled appointed pursuant to this

chapter.

48. "Practitioner" shall mean a physician, dentist, podiatrist,

veterinarian, scientific investigator, or other person licensed, or

otherwise permitted to dispense, administer or conduct research with

respect to a controlled substance in the course of a licensed

professional practice or research licensed pursuant to this article.

Such person shall be deemed a "practitioner" only as to such substances,

or conduct relating to such substances, as is permitted by his license,

permit or otherwise permitted by law.

49. "Prescription" shall mean an official New York state prescription,

a written prescription or an oral prescription.

50. "Controlled substance" shall mean the definition of "controlled

substance" as contained in section thirty-three hundred two of the

public health law.

52. "Persons with serious mental illness" means individuals who meet

criteria established by the commissioner of mental health, which shall

include persons who are in psychiatric crisis, or persons who have a

designated diagnosis of mental illness under the most recent edition of

the Diagnostic and Statistical Manual of Mental Disorders and whose

severity and duration of mental illness results in substantial

functional disability. Persons with serious mental illness shall include

children and adolescents with serious emotional disturbances.

53. "Children and adolescents with serious emotional disturbances"

means individuals under eighteen years of age who meet criteria

established by the commissioner of mental health, which shall include

children and adolescents who are in psychiatric crisis, or children and

adolescents who have a designated diagnosis of mental illness under the

most recent edition of the Diagnostic and Statistical Manual of Mental

Disorders and whose severity and duration of mental illness results in

substantial functional disability.

54. "Gambling disorder" means an addictive disorder, as defined by the

most recent edition of the diagnostic and statistical manual of mental

disorders (DSM), published by the American Psychiatric Association,

characterized by repeated problematic gambling behavior which causes

significant problems or distress. Unless otherwise provided, for the

purposes of this chapter, the term gambling disorder shall mean and

include compulsive gambling, pathological gambling or problem gambling.

55. "Addiction disorder services" or "addiction services" shall mean

engagement to treatment, examination, evaluation, diagnosis, care,

treatment, rehabilitation, relapse prevention and recovery maintenance,

and related education and training of persons suffering from or

recovering from an addictive disorder and their significant others.

Unless otherwise provided, for the purposes of this chapter, the term

addiction disorder services shall mean and include "chemical dependence

services," alcoholism and/or substance abuse services, substance use

disorder services, substance dependence, and gambling disorder services.

56. "Substance use disorder" means recurrent use of alcohol and/or

legal or illegal drugs causing clinical and functionally significant

impairment to the individual's physical and mental health, or the

welfare of others. Unless otherwise provided, for the purposes of this

chapter the term substance use disorder shall mean and include

alcoholism, alcohol abuse, drug abuse, substance abuse, substance

dependence, chemical abuse, and/or chemical dependence.

58. "Behavioral health services" means examination, diagnosis, care,

treatment, rehabilitation, or training for persons with mental illness,

or addictive disorders.

59. "Certified recovery residence" means a shared living environment

in the state that has been certified by the office of addiction services

and supports and utilizes connection to services to promote sustained

recovery from a substance use disorder.